DR ‹ › The King's Prosecutor General at the Court of Cassation and President of the Public Prosecutor's Office, Hicham El Balaoui, has issued a circular to magistrates outlining recent regulatory changes related to check-related offenses. The document was released on Tuesday in line with the provisions of Law 71.24, which amends and supplements Law 15.95 governing the Commercial Code, and has been in force since January 29, 2026. The circular underscores «the requirement of formal notification as a legal prerequisite for initiating proceedings in cases of insufficient funds for a check», granting the drawer a renewable 30-day period to regularize the situation, as well as providing for the possibility of judicial supervision. It further states that «payment or settlement of the debt, accompanied by a fine equivalent to 2% of the check amount or the corresponding sum, results in the inadmissibility of proceedings or their dismissal, as the case may be». Regarding penalties, the circular notes the elimination of imprisonment for the offense of accepting a check as a guarantee. At the same time, penalties have been increased for forgery and for violations of bans on issuing checks. According to the document, «the suspension of sentences will be granted to individuals convicted of offenses punishable by imprisonment upon payment of the check amount or in the event of cancellation of the imposed fines». The circular also specifies that check-related offenses referred to in Article 316 of the Commercial Code are excluded from the scope of legal provisions governing alternative sentences. In this context, it clarifies that «the legal characterization of the offense will be standardized as follows: failure to have or provide sufficient funds to cover a presented check». The procedural provisions set out in the circular take immediate effect from the date of its publication.
